The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts related to acquittal judgment and misunderstanding of legal principles) of the date of the instant indictment is February 24, 2016.

In that sense, the termination date of the worker F's work on February 9, 201 is at the latest, and the retirement date is 00:00 on February 10, 201.

Therefore, since an employer shall pay unpaid wages within 14 days thereafter, the statute of limitations expires after the lapse of February 23, 2016, when the crime of violating the Labor Standards Act was established from February 24, 201, and five years thereafter.

Therefore, the judgment of the court of first instance should be sentenced to acquittal as a prosecution after the completion of the statute of limitations.

2. Determination:

A. Since the statutory penalty under Article 109(1) of the Labor Standards Act is imprisonment for not more than three years, or a fine not exceeding twenty million won, the period of prescription is five years pursuant to Article 249(1)5 of the Criminal Procedure Act.

B. In that sense, even according to the Defendant’s assertion, the employee F worked normally at the instant workplace until February 9, 201, and the employee F worked and worked at the instant workplace on February 10, 201, the next day and returned to his house in the presence before the Defendant, etc., who is the employer, is viewed as the employer, etc., and therefore, the employee F’s retirement time is at the morning of February 10, 201, which explicitly expresses his/her intention of retirement, and the first day is not included by February 24, 201, pursuant to the main sentence of Article 157 of the Civil Act, until February 24, 2011.

Although the Defendant alleged to the effect that he retired at 00:00 on February 10, 2011, the employee F should be viewed as retired at the morning on February 10, 2011, so the first day shall not be included.

If wages are not paid, the crime of violation of Article 109(1) of the Labor Standards Act was established at 0:00 on February 25, 201, and the statute of limitations on the charge of payment of wages was run from February 25, 201, and the statute of limitations on the charge of payment of wages was run from February 25, 201, and it was around February 19:00, before five years elapse thereafter.